The federation of construction equipment and materials handling finds the practice disrespectful on the part of some enterprises of public works. She sends a letter to the FNTP that it reminds its members of their contractual obligations, specifically in the case of the resumption of custody. Explanations.
Hervé Rebollo, secretary general of the federation DLR construction materials and handling, is back : “We are witnessing a drift never observed until then. It is more than time that some (large) companies understand that it is not profitable for a person to make the reign of the terror economic, situation that suppliers no longer have the intention to accept“. It evokes the upsurge of irregular practices on the part of some clients of leasing companies that do not comply with the provisions of the resumption of custody of the material and decide, unilaterally, to make the leased property.
In a letter sent to the national Federation of public works (FNTP), the DLR points out that these companies insensitive “equate the rental of equipment to contractors and attempt, by force, to redefine arbitrarily the contractual relationship that binds them to the lessors“. The terms and conditions of rental interprofessional, however, are the following : “legal custody is transferred to the lessor at the time of the recovery and, at the latest, at the end of a period of 24 hours from the date of resumption agreed“. Thus, for a request made on a Friday or eve of public holiday, the repossession of the equipment shall, at the latest, the first business day following the time limit of 24 hours from the date of resumption agreed. The DLR is to remind that the fact of refusing to commit on this statement will not exempt the tenant of its liability in case of destruction or theft of the rented equipment, which was abandoned on the construction site.
A procès-verbal in due form
- The ambitions of the new chairman of the DLR
- Presidential 2017 : the FNTP invites citizens to participatory discussions
The rental companies also cite the provisions of the lease contract (Art. 1708 and following of the civil Code) : “If it has not been done state of the premises, the lessee is presumed to have received the property in a good state of repair rental and must make them as such, unless evidence to the contrary“. In the case of degradation or loss, the tenant will have to respond “unless he proves that they occurred without his fault“. In the absence of minutes evidencing that restitution contradictory, all the mess will be much the responsibility of the hirer who will be responsible for the consequences. The DLR attracts the attention of the FNTP “on the fact that several of its major members have been convicted recently to substantial fines by the DGCCRF for non-compliance with laws and regulations on the deadlines for payment“.
The general delegate of the DLR concludes : “I would urge all of the FNTP to redouble our efforts and to advocate with its members to maintain contractual relations legal and healthy“. Contacted by Batiactu, the FNTP has not been able to respond to this mail.